The
state Family and Probate Courts
are a joke, kangaroo courts really
that ignore most of the legal
protections afforded any criminal,
as it is a bench trial subject
to the opinion, personal bias,
agenda and background of a single
person. Taking your case to the
more professional (hopefully)
federal courts can be done in
certain cases as described below.
I
have never heard of Federal Court
handling a divorce case.
That is a state jurisdiction.
You can not remove the case to
federal court - see I think its
Rooker-Feldman doctrine.
A federal court similarly will
not touch a state domestic case
for child custody- there is no
federal jurisdiction . However
if your federal rights are violated
in reaching that judgment,
you might have something to take
to court.
The domestic
relations exception encompasses
only cases involving the issuance
of a divorce, alimony, or child
custody decree, …We take this language
to mean, plainly enough, that the
domestic relations exception applies
only where a plaintiff positively
sues in federal court for divorce,
alimony, or child custody.
Catz
v. Chalker, 142 F.3d 279 .
Rooker-Feldman: [a] federal court
"may entertain a collateral
attack on a state court judgment
which is alleged to have been procured
through fraud, deception, accident,
or mistake . . . ."
Resolute
Insurance Co. v. State of North
Carolina, 397 F.2d 586, 589
(4th Cir. 1968), supra. Sun
Valley, 801 F.2d at 189. See also
Lewis v. East Feliciana Parish
Sch. Bd., 820 F.2d 143, 146
(5th Cir. 1987) (
due process
challenge to state proceedings not
barred by Feldman doctrine)
id..
More
coming soon.